Through the eyes of a recruiter
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What I do know is that back in 2001 or 2002, many of the W/H's just stopped trying to enforce their non-competes on most small to mid size brokers. I'm not sure on the exact reasonings, but I do know it had to do with some sort of Utah Supreme Court decision against Smith Barney and the proceeding adoptance of new policy by NASD. (NASD was the precursor to FINRA) Most of the time it simply wasn't worth their time or money to litigate against small to mid size producers.
During late 2008, early 2009 the frequency of TRO issuance increased because of the huge exodus of business from the wirehouses. However, hardly any of these ended up in arbitration or litigation.
I think most firms have simply accepted the fact that brokers are coming and going and taking their business with them. It's part of the evolution of business, in my opinion.
There have been rulings in federal courts that sort of outline what you can and can't say in a letter of announcement to former clients. As long as there is nothing in these letters that could be misconstrued as solicitation, they're generally ok. You can even tell your clients why you're moving. You just can't ask them to follow you. Giving them a phone number number they don't already have on record can be construed as soliciting, however. I've seen this one happen first hand.
All this being said, I;m not a lawyer and I don't want to go giving incorrect advice and end up screwing someone over. That's the reason I'm not willing to give much information here. So, my advice is to always hire a good lawyer after you decide to make a switch, to pour over your non-compete and tell you exactly what you should do to maximize client retention.
One thing that comes to mind, however, is to plan in advance and really turn up you personal contact with your clients. Build as much value as you can with them prior to moving and you can expect a fair amount will want to stay with you.
It is strictly forbidden for firms to interfere with the perceived "well being" of your clients.
So if banks generally don't pay recruiting bonuses (or I really have not found one that would) and they are generally not part of protocol and enforce non-competes....you don't own your book....., how do they attract decent reps?
They attract brand new reps or reps that were previously "disenfranchised" and no longer have a book. Or they attract reps by lying to them ;-)